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Beit Midrash
- Torah Portion and Tanach
- Bamidbar
- Balak
In Judaism there is a concept "that there is no excuse of agency present when a sin or crime is being committed." This means that the hit man who pulled the trigger or planted the explosive is certainly the more guilty party, in such a scenario of an ordered murder. In the words of the Talmud "regarding the instructions from the Master and contrary instructions from the student – who should one listen to?!"
Thus in this week’s parsha, even though it is the malevolent Balak who engages Bilaam in the nefarious scheme to curse the Jewish people, it is Bilaam who actually intends and agrees to do the cursing. He and not Balak emerges as the ultimate villain of the event. There is much discussion in the Talmud and in rabbinic sources as to whether any of the laws of agency, and this law in particular, exists outside of Jewish society generally.
If there is no agency outside of Jewish society, it appears that, generally speaking, there would be liability on both the instigator and the agent as well in such circumstances. In any event, it certainly is inherently wrong to engage an agent to perform an illegal or sinful (they are no longer the same today) act whether in Jewish or general society, whatever the technical legal liabilities may be.
The instigator of a crime is deemed in today’s society to be as guilty as the criminal who perpetrated the crime. Osama bin Laden was the guilty party in the World Trade Center assassinations as much as were the murderous suicide-pilots he sent forth to do the deed. Balak is responsible for Bilaam’s curses. Heaven, in its exquisite way, administers justice to all concerned in as it pleases and in its own time frame.
Balak will pay the penalty for his unwarranted hatred and enmity of Israel just as Bilaam does. The rabbis of the Talmud even extended the penalties for wrongful and criminal acts committed to include those who remained silent when they should have spoken out against evil and cruelty. Bilaam’s donkey is commended while his associates are undoubtedly condemned and eventually punished – hence the plethora of laws in our world and statutes about conspiracy to commit crimes and criminal negligence.
In fact, the actual perpetrator oftentimes attempts to hide behind the façade that one was only following orders. Judaism does not recognize that excuse and yet the one who issued the orders is also deemed guilty of the crime. Balak and Bilaam are the forerunners of Hitler and Mengele, Stalin and the NKVD. All are to be condemned not only in Heaven’s good time but also by all of us mortals on earth as well.
Rabbis in Midrash
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Israel and the Nations A Few Minutes & Many Innovative Ideas on Antisemitism & What to do About It
As we approach the High Holidays, this short lecture (18 minutes) deals with the unfortunate situation of how Israel and the Jewish People stand against antisemitism, analyzing its cause according to Rav Kook, and how to deal with the issue pragmatically & via our prayers.
Ha'azinu PURSUIT is PERFECTION
p. Ha'azinu, Shabbat Shuva
Rav Kook deals with the question of the seemingly hopeless nature of Tshuva. For G-d Himself knows that He created us with free will, which inevitably means we will sometimes make mistakes and choose wrong. This can easily be frustrating, freezing us into inaction and ye'ush (loss of hope). If one sins even once, does he chalila have no choice but suicide?! Moreover, our Godly conscience demands justice, righteousness and perfection, but we all know this is impossible, so what's the solution? Rav Kook's innovative thinking, strongly based on chazal (our sages), offers an inciteful and important aspect to this topic, especially this time of year!
Sukkot Bug-Free Sukkah: Essential Halachic and Practical Schach Guide
How to inspect, clean, and store bamboo mats and palm branches to protect your mitzvah and holiday meals.
